OSHA Inspection: JOHN K. GARVEY

Issued

2020-04-23 00:00:00

Abate by

2020-05-28 00:00:00

Penalty

Initial $2892.00 · Current $2892.00

General-duty citation text

29 CFR 1926.20(b)(1): The employer did not initiate and maintain programs necessary to ensure compliance with the Occupational Safety and Health Standards:        a) Job Site - On or about February 12, 2020 and times prior thereto, a safety and health program with policy, hazard assessment and work rules was not developed and/or implemented at the job site.  Employees conducting masonry operations were exposed to hazards such as, but not limited to, slip/trip/fall hazards while working from scaffolds; lack of personal protective equipment such as the use of hard hats; working with hazardous chemicals such as Portland cement, flammable liquids, and silica dust; respiratory protection hazards while donning tight-fitting respirators; working from unstable work surfaces such as standing on top of a pallet of loose bricks.  Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

2020-04-23 00:00:00

Abate by

2020-05-28 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.20(b)(2): Frequent and regular inspections of the job sites, materials, and equipment were not made by a competent person(s) designated by the employer:  a) Job Site - On or about February 12, 2020 and times prior thereto, safety and health inspections were not conducted by an individual who was aware of the safety and health standards.  Employees conducting masonry operations were exposed to hazards such as, but not limited to, slip/trip/fall hazards while working from scaffolds; lack of personal protective equipment such as the use of hard hats; working with hazardous chemicals such as Portland cement, flammable liquids, and silica dust; respiratory protection hazards while donning tight-fitting respirators; working from unstable work surfaces such as standing on top of a pallet of loose bricks.  Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

2020-04-23 00:00:00

Penalty

Initial $1735.00 · Current $0.00 Reduced

General-duty citation text

29 CFR 1926.95(a): Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, were not provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact:    a) Job Site - An employee did not don a hard hat while working below an occupied Hydro-Mobile scaffold platform and was exposed to falling objects such as bricks and masonry tools/materials, on or about February 12, 2020.    No abatement certification or documentation required.

Issued

2020-04-23 00:00:00

Abate by

2020-05-19 00:00:00

Penalty

Initial $1735.00 · Current $1735.00

General-duty citation text

29 CFR 1926.451(c)(2): Supported scaffold poles, legs, posts, frames, and uprights did not bear on base plates and mud sills or other adequate firm foundation:  a) Tubular Welded Frame Scaffold - Employees were exposed to fall hazards while working from the 2nd level of a tubular welded frame scaffold where one of the base plates was damaged and did not rest completely on the mudsill, on or about February 12, 2020.   Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

2020-04-23 00:00:00

Abate by

2020-05-19 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.451(c)(2)(ii): Unstable objects were used to support scaffolds or platform units:  a) Tubular Welded Frame Scaffold - Employees were exposed to fall hazards while working from the 2nd level of a tubular welded frame scaffold where bricks and stones had been placed underneath one of the mudsills, on or about February 12, 2020.   Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

2020-04-23 00:00:00

Abate by

2020-05-19 00:00:00

Penalty

Initial $1735.00 · Current $1735.00

General-duty citation text

29 CFR 1926.451(f)(13): Debris was allowed to accumulate on scaffold platforms:  a) Hydro-Mobile Mast Scaffold -  Employees were observed walking/working off a Hydro-Mobile scaffold platform where unused masonry materials created slip, trip, and fall hazards, on or about February 12, 2020.  Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

2020-04-23 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.451(g)(4)(i): Guardrail systems were not installed along all open sides and ends of platforms:  a) Hydro-Mobile Scaffold - Employees were exposed to an approximate 10' to 12' fall hazard from the platform of a Hydro-Mobile mast scaffold which was missing a guardrail, on or about February 12, 2020.  b) Hydro-Mobile Scaffold - Employees were exposed to an approximate 10' to 12' fall hazard from the platform of a Hydro-Mobile mast scaffold which was missing an end rail, on or about February 12, 2020.  c) Hydro-Mobile Scaffold - Employees were exposed to an approximate 10' to 12' fall hazard from the platform of a Hydro-Mobile mast scaffold where a section of guardrail was missing a mid-rail, on or about February 12, 2020.  No abatement certification or documentation required.

Issued

2020-04-23 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.451(h)(2): Employees working below a scaffold were not protected from falling tools, materials or equipment in accordance with the provisions of paragraphs (h)(2)(i)-(v) of this section:  a) Job Site - An employee was exposed to struck-by hazards when they were permitted to enter the hazard area below an occupied Hydro-Mobile scaffold platform located no less than 10 feet above ground which was not erected with toeboards along all exposed edges, on or about February 12, 2020.  No abatement certification or documentation required.

Issued

2020-04-23 00:00:00

Abate by

2020-08-31 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.454(a): The employer did not have each employee who performed work while on a scaffold trained by a person qualified in the subject matter to recognize the hazards associated with the type of scaffold being used and to understand the procedures to control or minimize those hazards:    a) Hydro-Mobil Mast Scaffold - Employees working from a Hydro-Mobile scaffold system were not trained in the recognition and avoidance of hazards associated with mast scaffold usage, on or about February 12, 2020.    Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

2020-04-23 00:00:00

Abate by

2020-05-19 00:00:00

Penalty

Initial $1735.00 · Current $868.00 Reduced

General-duty citation text

29 CFR 1926.501(a)(2): The employer did not determine if the walking/working surfaces on which its employees were to work on, had the strength and structure integrity to support employees safely:    a) Job Site - An employee was permitted to stand on top of an unstable pallet of bricks to hand bricks back and forth to another employee working from an elevated scaffold above him, on or about February 12, 2020.    Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

2020-04-23 00:00:00

Abate by

2020-05-19 00:00:00

Penalty

Initial $1735.00 · Current $1735.00

General-duty citation text

29 CFR 1926.1153(c)(1): For each employee engaged in a task identified on Table 1, the employer did not fully and properly implement the engineering controls, work practices, and respiratory protection specified for the task on Table 1.  a) Job Site - An employee was observed operating an MK Bricksaw with an integrated water delivery system to cut bricks, however the saw was not operated and maintained in accordance with the manufacturer's instructions to minimize dust emissions, on or about February 12, 2020.  Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

2020-04-23 00:00:00

Abate by

2020-05-19 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.1153(d)(2)(i): The employer did not assess the exposure of each employee who was or may reasonably be expected to be exposed to respirable crystalline silica at or above the action level in accordance with either the performance option in paragraph (d)(2)(ii) or the scheduled monitoring option in paragraph (d)(2)(iii) of this section:  a) Job Site - The employer failed to assess the exposure for silica prior to his employee operating a stationary masonry saw to cut bricks, on or about February 12, 2020.  Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

2020-04-23 00:00:00

Abate by

2020-06-10 00:00:00

Penalty

Initial $2892.00 · Current $2892.00

General-duty citation text

29 CFR 1910.1200(e)(1): Employer had not developed or implemented a written hazard communication program which at included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii): (Construction Reference: 1926.59)  a) Job Site - On or about February 12, 2020, the employer did not develop or implement a written hazard communication program in accordance with 29 CFR 1910.1200(e)(1) that would describe or include at least the following:  1) Requirement for labeling and other forms of warning; 2) Safety data sheet availability; 3) Employee information and training; 4) A list of hazardous chemicals known to be present in the workplace;  5) Methods to inform employees of the hazards on non-routine tasks; and  6) Methods to provide other employer(s) access to safety data sheet; information on any precautionary measures and the labeling system used in the workplace.  Employee(s) were exposed to hazardous chemicals including, but not limited to, Portland Cement, gasoline, TrueFuel, and silica dust.  Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

2020-04-23 00:00:00

Abate by

2020-06-10 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1200(g)(9): Where employees must travel between workplaces during a workshift, the employer did not maintain the safety data sheets in each workplace or at the primary workplace facility where employees can immediately obtain information the required information in the case of an emergency: (Construction Reference: 1926.59)  a) Job Site - Employees worked with hazardous chemicals, including but not limited to, Portland Cement, gasoline, TrueFuel, and silica dust, and the employer did not maintain and ensure that safety data sheets were accessible to employees, on or about February 12, 2020.  Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

2020-04-23 00:00:00

Abate by

2020-06-10 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area: (Construction Reference: 1926.59)  a) Job Site - Employee(s) were not trained on the hazards of the chemicals they work with, including but not limited to, Portland Cement, gasoline, TrueFuel, and silica dust, on or about February 12, 2020.  Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

2020-04-23 00:00:00

Abate by

2020-05-28 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(c)(1): A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use: (Construction Reference 1926.103):  a) Job Site - A written respiratory protection program was not established for employees required to don respirators while cutting bricks and mixing mortar and grout, on or about February 12, 2020.   Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

2020-04-23 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(f)(2): Employee(s) using a tight-fitting facepiece respirator were not annually fit tested: (Construction Reference 1926.103).  a) Job Site - The employer did not ensure that employees using a tight-fitting facepiece, such as an N95, were fit tested at least annually, on or about February 12, 2020.   No abatement certification or documentation required.